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rajiv_lodha (zz)     21 December 2011

Will the ghost come alive

Girl filed false 498a+406 complaint with commissioner police. IO CAW cell enquired for 5 months, boys side submitted proofs of their innocence there. IO gave closure report & did not recommend any action to be taken. This report endorsed by DCP too & the complaint was “filed” 6 months ago. Boy’s side still fear of 156(3) etc; may be PCR at MM court may be waiting 4 them at her city. No clues yet. Is there any time limit for the girl to approach MM court in this matter. How boy’s family can handle the situation further. Also…..is there any citation that MM court has to take DCP level enquiry into strong consideration b4 summoning the accused?



Learning

 6 Replies

ajay sethi (lawyer)     21 December 2011

if your wife feels that police investigations have not been proper she can file complaint under 156 (3) before the magaistarte directing police to investigate and submit report . the fact thate arlier police reprt exonerated you will be in your favour unless it is shown that police have failed to carry out investigations properly

rajiv_lodha (zz)     21 December 2011

Thanx! The whole fear of boy is that only u suggested....she will definitely feel THAT INVESTIGATION HAS NOT BEEN PROPER. She will not like any of such investigation which lets the boys' side go.

She wants "as the offense reported in my complaint is a cognizable+nonbailable one, police is duty bound to register FIR & then investigate. CAW cell can not be an investigating agency of its own in any way!!"

I want FIR...FIR....FIR!

Is there a way out?


(Guest)

Hi Rajiv,


Seems we are on same boat on this point ,even my bitter half want FIR , FIR nothing less than it ...

 

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     21 December 2011

Dear Rajiv,

There is nothing to fear, victory is ahead fear. Biggest positive thing is in your favour is Police Investigation. Please immediately get the Certified copies of all the file including statements, documents and investigation done by police through RTI. It will be beneficial for you. Morover your wife can approach the MM court for Registration of FIR under sec 156(3) of Cr.P.C. and in investigation you can file these documents. Moreover, you can also approach against your wife for filing false and fake complaint. Attack is best defense, so attack your wife and your in-laws. You will definitely gets some relief.

Regards

Rajiv Bhasin

Advocate

Bhasin & Associates

9811210505, 9868635640

rajiv_lodha (zz)     21 December 2011

Boy has taken all reports via RTI.

She can also go thro the defence (throu RTI) he has submitted at CAW cell & may slightly modify her allegations (she has ample oportunity during PCR evidence to do so) to circumvent the defense b4hand, thus cut the lifeline of boy's side......!

Throu' 156(3), court has vast powers, if I am right, the following ones:

1) May order PS to register FIR & do investigation further.

2) May take the CAW cell investigation on record, may not take cognizance

3) May summon the accused directly.

Correct me if I am wrong!

rajiv_lodha (zz)     23 December 2011

Any help/comments here plz!

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